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G.D.KAMAT
Zacarias Durate Domingos Pereira – Appellant
Versus
Camilo Inacio Evaristo Pereira – Respondent
Question 1? How to determine the governing execution law for final orders in Goa inventory proceedings: Portuguese Civil Procedure Code or Indian Civil Procedure Code? Question 2? What is the appropriate basis for executing a final inventory order: continuing under Portuguese Code provisions outside Chapter XVII, or switching to Indian Code procedures (e.g., Order 21) for execution? Question 3? What are the legal consequences of applying Portuguese execution provisions to inventory final orders, and does such application preserve or repeal rights under the Portuguese Code after extension?
Key Points: - The court held that the execution of the final order in inventory proceedings is governed by the Portuguese Civil P. C., as a continuation of inventory proceedings. [4000331440029] - Inventory proceedings are distinct from suits; there is no decree in inventory; thus execution cannot be under Order 21 of the Indian Code. [4000331440024] - If the Portuguese Code provisions for execution outside Chapter XVII apply, they are not repealed by the Extension Act and govern execution; example cited that Article 904 may apply by implication. [4000331440028] - The final order in inventory is enforceable by an execution proceeding within the Portuguese Code framework, not under the Indian Code's execution regime. [4000331440029] - The court directed delivery of vacant possession to the respondent and dismissed the revision, noting the final order is res judicata and the execution is governed by Portuguese Code provisions. [4000331440030]
2. By the impugned Order dated 22nd November, 1983 the Civil Judge, Senior Division, Mapusa, in execution taken in Inventory No. 35/72 under Portuguese Civil P. C. directed the Bailiff to evict the petitioner and restore possession of the house to the respondent to whom it is allotted by the final order made in the Inventory.
3. One. Tomas Pereira, having died, Inventory proceedings No. 35/72 were commenced before. the Civil. Judge, Mapusa. The final order in the said inventory bears the . date of 29th November, 1982. This final order represents the allotment, of the assets of the late Tomas Pereira as made in the chart of partition and distribution of assets left behind him.
4. Of the various assets described is the Item No. 115, a house situated at Saligao admittedly allotted to the respondent. It also transpires that the respondent had to
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